(426) It then upheld the agency's decision to release the option prices because "competitively sensitive information such as cost, overhead, or profit identifiers would not be revealed." 110. 456, 459 (D.D.C. at 4 (D.D.C. Id. Apr. 158, 161 (S.D.N.Y. 01-0981, 2004 WL 635180, at *24 (D.D.C. But see Lee v. FDIC, 923 F. Supp. (376), The D.C. Similarly, it is not unlawful if the receiving party discloses your secret with your permission. . Nov. 15, 1983) (general description of manufacturing process with no details) (reverse FOIA suit). 1996) (rejecting agency's attempt to characterize submission as "voluntary" when documents were "required to be submitted" in order to obtain government approval to merge two banks). 2004) (observing that the requester had failed to "offer a reason to support its belief that the documents in question were not submitted voluntarily," and deferring to the agency affidavits that said otherwise, as they were "the only evidence" before the court); Pentagen Techs. 2003) (rejecting an agency's argument that a company's report should be deemed "commercial" merely because it was "labeled" as "'proprietary and confidential,'" and denying Exemption 4 protection based upon the agency's failure to provide "any detailed description of the report's content") (renewed motion for summary judgment pending); In Def., No. (200) More recently, the Court of Appeals for the Fourth Circuit declined to "decide which test governs within" that circuit, in a case where it found the requested information to be properly withheld under Exemption 3 of the FOIA, (201) which obviated any "need to reach the issue of Exemption 4's applicability." Designs for products, machines, and structures, or other manufacturing specifications, can be protected as trade secrets. It eventually evolved into the compound word whistleblower. News LEXIS 1780, at *7 (D.D.C. Ctr. Mar. Another US law that specifically protects whistleblowers is the LloydLa Follette Act of 1912. Feb. 3, 1997); see also Madison, 2003 U.S. Dist. Software Beta Tester NDA If you develop software (including Web applications) and give beta versions to outside testers, here is a nondisclosure agreement for you to use. ), As one court aptly emphasized, consultation with a submitter is "appropriate as one step in the evaluation process, [but it] is not sufficient to satisfy [an agency's] FOIA obligations." Energy the physical but non-material inputs of production. 92-2780, slip op. Agency v. Farrell, 99 Ill. App. LEXIS 17194, at *2 (S.D. Circuit found that research designs submitted as part of a grant application were not "commercial," despite claims that "[t]heir misappropriation," which "would be facilitated by premature disclosure, [would] deprive[ the researcher] of the career advancement and attendant material rewards in which the academic and scientific market deals." (353) This holding was affirmed by the Court of Appeals for the Second Circuit, which reiterated that "[t]he fact that [the] harm would result from active hindrance by the [requester] rather than directly by potential competitors does not affect the fairness considerations that underlie Exemption Four." [3] Sometimes the overall state of technology is described as a factor of production. [26], Although trade secrets law evolved under state common law, prior to 1974, the question of whether patent law preempted state trade secrets law had been unanswered. Integrity v. Dep't of Energy, 191 F. Supp. of Trade, 627 F.2d at 404 (concluding that scope of Exemption 4 is "restrict[ed]" to information that has "not been generated within the Government"); Allnet Communication Servs. (282) (The case ultimately was settled, however, and no trial took place. (61), More than a decade ago, the D.C. (489) Additionally, the Court of Appeals for the Fifth Circuit has "decline[d] to hold that the [FOIA] creates a lender-borrower privilege," despite the express reference to such a privilege in Exemption 4's legislative history. 237. Money, however, was not considered to be a factor of production in the sense of capital stock since it is not used to directly produce any good. (390) The court soundly rejected the submitter's contention and found that the arguments that were made by the Air Force regarding disclosure of option prices, based upon its administrative record, "differ[ed] markedly" from those put forth by NASA in that earlier D.C. Id. Year Image Name Gender Organization Action 2000s Karen Kwiatkowski: Female United States Air Force: Retired lieutenant colonel in the U.S. Air Force who worked as a desk officer in The Pentagon and in a number of roles in the National Security Agency.She has written a number of essays on corrupting political influences of military intelligence leading up to the invasion of Iraq in 2003, (277) The individualized and sometimes conflicting determinations indicative of competitive harm holdings is well illustrated in one case in which the D.C. Coalition, 941 F. Supp. at 8-9 (4th Cir. MCI Telecomms. Nat'l Ass'n of Home Builders v. Norton, 309 F.3d 26, 38 (D.C. Cir. Nov. 25 1996). [42][21] Some whistleblowers who break ranks with their organizations have had their mental stability questioned, such as Adrian Schoolcraft, the NYPD veteran who alleged falsified crime statistics in his department and was forcibly committed to a mental institution. [citation needed], In 2018, the Harvard Business Review published findings to support the idea that whistleblowing hotlines are crucial to keeping companies healthy, stating "More whistles blown are a sign of health, not illness."[134]. 1980) (finding impairment for technical proposals submitted in connection with government contract, because release "would induce potential bidders to submit proposals that do not include novel ideas"); Pentagen Techs. Accordingly, whenever an agency is uncertain of a submitter's customary treatment of requested information, the submitter should be notified and given an opportunity to provide the agency with a description of its treatment of the information, including any disclosures that are customarily made and the conditions under which such disclosures occur. Citizen, 185 F.3d at 905 (declaring that Exemption 4 "clearly" is designed to protect against disclosures that would permit competitors "to eliminate much of the time and effort that would otherwise be required to bring to market a [competitive] product" (citing Webb v. HHS, 696 F.2d 101, 103 (D.C. Cir. See Pub. 2d 37, 52 (D.D.C. Private sector whistleblowing is arguably more prevalent and suppressed in society today. This Agreement may not be amended except in a writing signed by both parties. (222), As a matter of sound administrative practice, the Department of Justice has advised agencies to employ procedures analogous to those set forth in Executive Order 12,600 (223) when making determinations under the "customary treatment" standard. ), Documents prepared by the government can still come within Exemption 4, however, if they simply contain summaries or reformulations of information supplied by a source outside the government, (45) or contain information obtained through a plant inspection. (13), If information relates to business or trade, courts have little difficulty in considering it "commercial or financial." at 6 (W.D. 415. (263) The executive order requires that agencies give careful consideration to the submitters' objections and provide them with a written statement explaining why any such objections are not sustained. 1983) (citing Wash. Post Co. v. HHS, 690 F.2d 252, 266 (D.C. Cir. 342. (133) In finding that such comments had been "voluntarily submitted" to the agency, the court focused on the agency's submitter-notice regulations and found that they "clearly did not require . For purposes of Exemption 4, the Court of Appeals for the District of Columbia Circuit in Public Citizen Health Research Group v. FDA, (3) has adopted a narrow "common law" definition of the term "trade secret" that differs from the broad definition used in the Restatement of Torts. 136. at 7 (N.D. Cal. (483) The court held that a company's "adverse impact analyses, [prepared] at the request of its attorneys, for the purpose of obtaining legal advice about the legal ramifications of [large scale] reductions in force," (484) were protected by the attorney-client privilege. Did the departing employee contribute to the list? (252), This issue appears to have been finally resolved by the D.C. (Dissertation) Capella University, 2008, 152 pages. "Security upgrade for 'anonymity network'". Some have argued that public sector whistleblowing plays an important role in the democratic process by resolving principle agent problems. Registration of trademarks confers some advantages, including stronger protection in certain respects, but registration is not required in order to get protection. 95-5290 (D.C. Cir. 27. See generally FOIA Update, Vol. Volunteer NDA For any guest or individual that is agreeing to work without pay. (67) The United States Supreme Court declined to review the D.C. 770, 771 (9th Cir. The term "privileged" in Exemption 4 has been utilized by some courts as an alternative for protecting nonconfidential commercial or financial information. ; see also FlightSafety Servs. (251) Curiously, when this decision in Critical Mass was subsequently reviewed by both a second panel of the D.C. 312. 267. 91-5255 (D.C. Cir. at 455 (rejecting competitive harm when the submitter failed to provide "adequate documentation of the specific, credible, and likely reasons why disclosure of the document would actually cause substantial competitive injury"). Integrity v. Dep't of Energy, 191 F. Supp. at 876-77 (quoting Patterson v. McLean Credit Union, 491 U.S. 164, 173 (1989)). The World Wide Web (WWW), commonly known as the Web, is an information system enabling documents and other web resources to be accessed over the Internet.. Amt fr soziale Sicherheit ASO, Kanton Solothurn: "Cyber-pedocriminality: characteristics of a sample of internet child pornography offenders", "Sex Offender Management Assessment and Planning Initiative", "Long-term recidivism of child molesters", "Treated Sex Offenders Who Reverted to Sexually Deviant Behavior", "Chapter 5: Adult Sex Offender Recidivism | Sex Offender Management Assessment and Planning Initiative", "Child on child sexual abuse: psychological perspectives", "Developmental and etiological characteristics of children with sexual behavior problems: treatment implications", "Sexual interest in children, child sexual abuse, and psychological sequelae for children", "Prevalence and risk factors for forced or coerced sex among school-going youth: National cross-sectional studies in 10 southern African countries in 2003 and 2007", "Child rape survivors saves 'virgin myth' victims", Child Rape: A Taboo within the AIDS Taboo: More and more girls are being raped by men who believe this will 'cleanse' them of the disease, but people don't want to confront the issue, "BBC NEWS Africa DR Congo child rape victim dies", "Bacha bazi: the scandal of Afghanistan's abused boys", "Bangladesh's teenage brothels hold dark steroid secret", "A new danger for sex workers in Bangladesh", "Bangladesh's dark brothel steroid secret", "Parliament passes bill to protect children from sexual abuse", "Islamic schools in Pakistan plagued by sex abuse of children", "Why are we silent about the sexual abuse at madrassas? [18][19][217] In the UK, a 2010 study estimated prevalence at about 5% for boys and 18% for girls[218] (not dissimilar to a 1985 study that estimated about 8% for boys and 12% for girls[219]). 236. [57] A 2009 study found that whistleblowers are often motivated to take action when they notice a sharp decline in ethical practices, as opposed to a gradual worsening. These laws tend to adopt different approaches to public and private sector whistleblowing. In some cases, you may want to impose additional requirements. Group, Inc. v. United States Dep't of the Air Force, No. 65. Mar. . [264] Here it is important to not only analyze text but also documentary and stock photos commonly used in media that report about child sexual abuse. Is the information in the list ascertainable by other means? VIII, No. 86-2044, 1987 WL 25456, at *1 (D.D.C. Comm. 91-3134, transcript at 10 (D.D.C. Circuit had "endorsed the National Parks definition many times," thus compelling them to follow it as well. 261. See FOIA Update, Vol. 1226, 1229 n.4 (E.D. Shell Oil Co. v. United States Dep't of Labor, No. See FOIA Update, Vol. v. USPS, No. Mar. Corp. v. FAA, 102 F.3d 688, 689 (2d Cir. 12,600, 5 (notification procedures specifically contemplate that agency makes ultimate determination concerning release); see also Nat'l Parks, 498 F.2d at 767 (concluding that in justifying nondisclosure, the submitter's treatment of information is not "the only relevant inquiry"; rather, the agency must also be satisfied that the harms underlying the exemption are likely to occur). Inc. v. Camacho, 222 Cal. 1992) (protecting computer models under third prong because disclosure would make providers of proprietary input data reluctant to supply such data to submitter, and without that data computer models would become ineffective, which, in turn, would reduce effectiveness of agency's program), aff'd on other grounds, No. Circuit held that if that interest is "founded on professional recognition and reward, it is surely more the interest of an employee than of an enterprise" and so is beyond the reach of Exemption 4. Sept. 9, 1988); Landfair v. United States Dep't of the Army, 645 F. Supp. (181) Because the contract solicitation was "silent as to G & A rate ceilings," and in the absence of any firm evidence that the submitter "was required to provide G & A rate ceilings in order to continue to compete for the contract," the court concluded that their submission had been voluntary. Espionage, spying, or intelligence gathering is the act of obtaining secret or confidential information (intelligence) from non-disclosed sources or divulging of the same without the permission of the holder of the information for a tangible benefit. See Critical Mass, 975 F.2d at 878; accord Judicial Watch, Inc. v. Exp.-Imp. (321) As to the requester's argument that there was "value to be gained from the juxtaposition" of that "public information within" the submitter's materials, the D.C. v. Kinzinger, No. June 30, 1998) (holding that the information "was voluntarily provided in confidence, and, according to [the agency] its release could jeopardize the continued availability of such information"), summary affirmance granted, No. See also returns. 4, at 14. [246] As of November 2008, 193 countries are bound by the CRC,[247] including every member of the United Nations except the United States and South Sudan.[248][249]. See, e.g., Madison Mech., Inc. v. NASA, No. The number of laws created in the 1980s and 1990s began to create greater prosecution and detection of child sexual abusers. (96), The D.C. 2001) (noting that "[a]lthough FOIA exemptions are normally permissive rather than mandatory, the D.C. McDonnell Douglas Corp. v. NASA, 895 F. Supp. The two seamen accused Commander in Chief of the Continental Navy Esek Hopkins of torturing British prisoners of war. Citizen, 185 F.3d at 907 (remanding to determine "whether the documents the agency has withheld contain information that can be segregated and disclosed"); Piper & Marbury, L.L.P. See, e.g., Ivanhoe Citrus Ass'n v. Handley, 612 F. Supp. 5. [34] It is possible to register a trademark in the United States, both at the federal and state levels. It integrates, among other things, the first and second laws of thermodynamics (see: Laws of thermodynamics) to formulate more realistic economic systems that adhere to fundamental physical limitations. Id. Lincoln Towers Ins. In the book Accounting of Ideas, "intequity", a neologism, is abstracted from equity to add a newly researched production factor of the capitalist system. Five years is a common length in nondisclosure agreements that involve business negotiations and product submissions although many companies insist on two or three years. 3d 1278 (1990). 2d 1184, 1189 (D. Colo. 2001) (rejecting Apache Tribe's claim of confidentiality for information "accumulated by the Tribe [pursuant to a cooperative agreement] that would otherwise be submitted by [oil and gas] lessees directly to the agency," and concluding that although the lessees could invoke Exemption 4, the Tribe could not), appeal dismissed, No. (135), Other agencies do, in fact, expressly require submitters of information to provide comments if they have any objection to disclosure of their information in response to a FOIA request. 1995) (reverse FOIA suit), vacated as moot, No. at 1 (D.D.C. 1984) (Robinson, J., concurring); accord McDonnell Douglas, 57 F.3d at 1164 (holding that the Trade Secrets Act "can be relied upon in challenging agency action that violates its terms as 'contrary to law' within the meaning of the Administrative Procedure Act"); Pac. 91-362-P, 1992 U.S. Dist. (173)), Two years after the decision in Critical Mass, a case involving government contract prices reached the D.C. On the other hand, if PSIC conducts an investigation and finds no wrongdoing was committed, the commissioner must report his findings to the discloser and to the organization's chief executive. Deeper questions and theories of whistleblowing and why people choose to do so can be studied through an ethical approach. Bd. (319), Confidentiality was also upheld in a case where the requester argued that some of the withheld material had been disclosed "collaterally." Rather, he explained: Schiller is sadly mistaken as to what was going on. (387) The court concluded that the Air Force's "accounts are at least as compelling as [the submitter's"] accounts" and so readily upheld the Air Force's decision to disclose all three categories of prices, based upon its determination that disclosure would not be likely to cause substantial competitive harm. . 2003) (renewed motion for summary judgment pending); Judicial Watch, Inc. v. Exp.-Imp. See Critical Mass, 975 F.2d at 879; see also Ctr. Content analyses of news reporting have revealed several quality issues such as a focus on sensationalized individual cases (so-called episodic framing) and neglect of thematic framing in the sense of contextualizing individual cases and pointing to the systematic problems that enable child sexual abuse. (246) This time, the D.C. [130][131], In business, whistleblowing hotlines are usually deployed as a way of mitigating risk, with the intention of providing secure, anonymous reporting for employees or third party suppliers who may otherwise be fearful of reprisals from their employer. Due to the law of entropy, energy tends to decrease in utility over time. Circuit's narrow definition of the term "trade secret," finding it "more consistent with the policies behind the FOIA than the broad Restatement definition." 197, 201-02 (D.D.C. 93CV00113, slip op. 92-0057-A (E.D. 293. (83) It declared that such voluntarily provided information is "'confidential' for the purpose of Exemption 4 if it is of a kind that would customarily not be released to the public by the person from whom it was obtained." [236] In U.S. school settings same-sex (female and male) sexual misconduct against students by educators "ranges from 18 to 28% of reported cases, depending on the study"[237], Significant underreporting of sexual abuse of boys by both women and men is believed to occur due to sex stereotyping, social denial, the minimization of male victimization, and the relative lack of research on sexual abuse of boys. Circuit squarely rejected "a consequentialist approach to the public interest in disclosure" as "inconsistent with the '[b]alanc[e of] private and public interests' th[at] Congress struck in Exemption 4." Of entropy, Energy tends to decrease in utility over time Continental Navy Esek Hopkins of British... 15, 1983 ) ( general description of manufacturing process with No details (!, No 1997 ) ; Landfair v. United States Supreme Court declined to the. Respects, but registration is not unlawful if the receiving party discloses your secret with your permission v. McLean Union! 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